R.M.LODHA, ANIL R.DAVE
BOARD OF TRUSTEES OF MARTYRS MEMORIAL TRUST – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
R.M. Lodha, J.-This appeal raises the question pertaining to cancellation of allotment of Government Accommodation Nos. 1 and 2, Civil Lines, Ballia (U.P.) (hereinafter referred to as “Government accommodation”).
2. Martyrs Memorial Trust (Shaheed Smarak Nyas), the first appellant, a public charitable trust (for short “the Trust”), was constituted by a deed of declaration dated June 5, 1997. The preamble of the Deed of Trust records that the people of India suffered immensely under the British Rule for more than two hundred years and at the call of Mahatma Gandhi, thousands of men and women from different walks of life joined the National Freedom Movement and directly associated themselves with various constructive programmes. It was decided to constitute a public charitable trust in the fond memory of the martyrs and freedom fighters hailing from Ballia and eastern Uttar Pradesh with a view to perpetuate their names and strengthening the task of nation building.
3. On August 19, 1992, the then Prime Minister of India Mr. P.V. Narasimha Rao, on the occasion of Golden Jubilee Celebration of the Quit India Movement of 1942 at Ballia, had announced while addressing a meetin
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